Operation Manual

License Agreement 172
4. LIMITED WARRANTY. Except for the foregoing, THE SOFTWARE IS provided “AS IS”
without warranty or condition of any kind. AAS disclaims all warranties or conditions, writ-
ten or oral, statutory, express or implied, including but not limited to the implied warranties of
merchantable quality or fitness for a particular purpose, title and non-infringement of rights
of any other person. AAS does not warrant that THE SOFTWARE will meet the Licensee’s
requirements or that the operation of the software will be uninterrupted or ERROR-FREE.
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLI-
CABLE LAW, IN NO EVENT WILL AAS BE LIABLE TO THE LICENSEE OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTER-
RUPTION OR ANY OTHER PECUNIARY LOSS WHETHER BASED IN CONTRACT,
TORT OR OTHER CAUSE OF ACTION, EVEN IF AAS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, EXCEPT IN RELATION TO GROSS NEGLIGENCE
OR WILFUL BREACH OF THIS AGREEMENT BY AAS. NO AAS AGENT, REPRE-
SENTATIVE OR DEALER IS AUTHORIZED TO EXTEND, MODIFY OR ADD TO THIS
WARRANTY ON BEHALF OF AAS. THE TOTAL LIABILITY OF AAS FOR DAM-
AGES, WHETHER IN CONTRACT OR TORT, UNDER OR RELATED IN ANY WAY TO
THIS AGREEMENT SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY PAID
BY LICENSEE TO AAS, OR IF NO FEES WERE PAID, AAS’ LIST PRICE FOR THE
SOFTWARE COVERED BY THIS LICENSE. THE EXCLUSION OF IMPLIED WAR-
RANTIES AND/OR THE LIMITATION OF LIABILITY IS NOT PERMITTED IN SOME
JURISDICTIONS, AND SOME OR ALL OF THESE EXCLUSIONS MAY THEREFORE
NOT APPLY.
6. TERMINATION. This License also shall extend to the Software and any updates or new
releases thereof obtained by the Licensee, if any, subject to any changes to this License made
by AAS from time to time and provided to the Licensee, provided AAS is under a separate
obligation to provide to Licensee such updates or upgrades and Licensee continues to have a
valid license which is in effect at the time of receipt of each such update or new release. This
License shall remain in effect until terminated. The Licensee may terminate this Agreement
at any time, upon notification to AAS. This Agreement will terminate immediately without
notice from AAS if the Licensee fails to comply with any provision of this License. Any
such termination by AAS shall be in addition to and without prejudice to such rights and
remedies as may be available, including injunction and other equitable remedies. Upon
receipt of notice of termination from AAS, the Licensee must (a) immediately cease to use
the Software; (b) destroy all copies of the Software, as well as copies of all documentation,
specifications and magnetic media relating thereto in Licensee’s possession or control; and
(c) return all original versions of the Software and associated documentation. The provisions
of Sections 1, 3, and 5 shall survive the termination of this Agreement.
7. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with
the laws of the Province of Quebec, without regard to the United Nations Convention On